Former Prime Minister P V Narasimha Rao yesterday told the Delhi High Court that presidential sanction was a must for his prosecution in the multi-crore JMM Mps bribery case as he was constitutionally bound to save his government during the 1993 no-confidence motion.
R K Anand, counsel for Rao, who is challenging framing of charges against him in the case, told Justice Jaspal Singh that Article 75(3) of the Constitution makes it a duty of a Prime Minister to save his government facing no-confidence motions. Anand termed the CBI allegation regarding bribes being paid to buy votes of mps in favour of Congress government as an act to achieve a legitimate end allegedly by adopting illegal means. He said Section 197 of Criminal Procedure Code (CrPC) provides that prior sanction has to be obtained from the appointing authority for prosecution of public servant for doing anything illegal during his official duty.
He said grant of pardon to JMM MP Shailendra Mahato by the trial court was contrary to the provision of the code as it provides for recording of statement of a witness/accused only before commencement of the trial whereas in this case Mahatos statement was recorded after the trial had begun.
Anand would, today, conclude his arguments and former Union minister satish sharmas counsel would begin his arguments.
